Removal of seizure from the account for payment of wages

Removal of Arrest from a Salary Card or Account

Removal of an arrest from a salary account is a procedure used where the arrest of funds effectively violates statutory limits on deductions from salary or has been imposed on funds that cannot legally be subject to enforcement.

It is important to understand that an ordinary bank account receiving salary payments is not automatically a special account that can never be arrested.

In 2026, the Supreme Court expressly noted that an enforcement officer may arrest a debtor’s funds within the amount subject to recovery even where salary is credited to that account, if at the time of the arrest the enforcement officer has no information about a special account regime or about funds that are legally protected from enforcement.

The key issue is not how the bank labels the card, but what funds are held in the account, whether statutory salary deductions have already been made, and whether the enforcement officer has documents confirming the legal nature of those funds.

Can a Salary Card Be Arrested?

Yes, in certain cases an arrest may be imposed.

The mere fact that an account is used to receive salary does not always allow the bank or enforcement officer to automatically determine the legal nature of every amount held in it.

Therefore, situations may arise where:

• the bank receives an order to arrest all funds belonging to the debtor;
• the account does not technically have a separate special-purpose status;
• the enforcement officer does not know that salary is credited to the account;
• the arrest applies to funds within the amount subject to recovery.

Such an initial arrest does not always mean that the enforcement officer acted unlawfully.

When an Arrest on Salary Funds May Be Excessive

A separate situation arises where deductions are already being made from salary under an enforcement document.

For example:

1. the employer deducts the statutory portion of the salary each month;
2. the remaining salary is transferred to the employee’s bank account;
3. the enforcement officer additionally arrests the entire amount remaining in the account.

The Grand Chamber of the Supreme Court has indicated that arresting the entire remaining salary after lawful deductions have already been made may impose an excessive burden on the debtor.

In such a situation, funds constituting salary after proper deductions may need to be released from arrest.

How Much Can Be Deducted from Salary?

Salary deductions are subject to statutory limits.

As a general rule, depending on the type of enforcement document, deductions may amount to:

• up to 20% of salary;
• up to 50% for certain categories of recovery;
• other limits in specific cases provided by law.

Therefore, where the employer has already deducted the portion required by law and the bank additionally blocks the entire remaining salary, the situation requires a separate legal review.

When Must the Enforcement Officer Lift the Arrest?

The Law of Ukraine “On Enforcement Proceedings” provides that an arrest on funds must be lifted where the enforcement officer receives documentary confirmation that:

• enforcement against the relevant funds is prohibited by law;
• the account has a special-purpose regime to which the arrest cannot apply;
• another statutory ground for lifting the arrest exists.

If a bank or another payment service provider informs the enforcement officer that the account or funds have a special status, the enforcement officer must respond in accordance with the procedure established by law.

What Documents Help Confirm the Salary Origin of the Funds?

The following may be required for the application:

• an employer’s certificate confirming payment of salary to a specific IBAN;
• a bank certificate regarding the account;
• a bank statement showing regular salary payments;
• a certificate confirming deductions already made by the employer under the enforcement document;
• pay slips;
• other documents allowing the relevant funds to be identified as salary.

Not all of these documents are necessarily required at the same time — the package depends on the specific enforcement proceedings.

Application to Lift the Arrest from a Salary Account

A written application is submitted to the state or private enforcement officer.

It is advisable to specify:

• the enforcement proceeding number;
• the number of the arrest order;
• the account IBAN;
• the employer’s details;
• information about salary payments;
• information about deductions already made;
• the specific legal basis for lifting the arrest;
• the list of supporting evidence.

The strongest position is not simply to state “this is a salary card,” but to demonstrate with documents which specific amounts constitute salary and which deductions have already been made.

What Must the Bank Do?

The bank executes the enforcement officer’s order and does not independently resolve the entire legal dispute between the debtor and the creditor.

At the same time, the bank may play an important role because it:

• identifies the account;
• may report its special-purpose status;
• executes an order lifting the arrest;
• provides statements and certificates confirming the movement of funds.

In 2025–2026, the Supreme Court separately noted that if the bank did not inform the enforcement officer about a special account regime, the initial arrest imposed by the enforcement officer may not be considered unlawful.

Employer’s Account Used to Pay Salaries

It is also necessary to distinguish between an employee’s personal account and a company account from which the employer must pay salaries to employees.

If the arrest is imposed on the funds of a legal entity or individual entrepreneur and those funds are specifically required to pay employee salaries, a different mechanism applies.

In such a case, the enforcement officer is provided with documents confirming:

• the obligation to pay salaries;
• the specific amount of the relevant payments;
• the connection between the blocked funds and salary obligations.

This scenario was mixed with the employee’s personal “salary card” in the older version of the article, although legally these are different situations.

Can the Arrest Be Lifted Through Court?

Yes. Court proceedings may be used if:

• the enforcement officer unjustifiably refuses to lift the arrest;
• documents were submitted but ignored;
• additional blocking of salary violates statutory recovery limits;
• other violations occurred during enforcement proceedings.

It is important to select the correct procedural mechanism for the challenge depending on the type of enforcement document being executed.

Designation of an Account for Expenditure Transactions

A separate mechanism allows an individual debtor to designate one current account from which expenditure transactions may be made within the statutory amount even while an arrest remains in place.

This mechanism does not mean complete removal of the arrest from the salary card.

Its purpose is to allow the debtor to use a legally permitted amount of funds despite existing arrests.

For this purpose, an application is submitted to the enforcement officer specifying:

• the account number;
• the bank;
• the information required to designate it as an account for expenditure transactions.

After receiving a proper application, the enforcement officer issues the relevant order within the period established by law.

Can You Simply Open Another Salary Card?

Opening a new account should not be treated as a way to bypass enforcement proceedings.

An arrest order may also apply to accounts opened after the order was issued.

Therefore, the correct approach is to:

• identify a lawful ground for lifting the arrest;
• or use the special account mechanism for expenditure transactions;
• or challenge unlawful actions of the enforcement officer.

What to Do If the Entire Salary Is Being Debited from the Account

It is necessary to determine where exactly the recovery is taking place.

There may be two separate mechanisms:

1. Salary deductions made by the employer.

The employer receives the enforcement officer’s order and transfers the legally determined portion of the employee’s earnings.

2. Arrest and withdrawal of funds after they have already been credited to the bank account.

In this situation, it is necessary to check whether double recovery is effectively taking place beyond the limits established by law.

Double Recovery from Salary

A typical problematic situation is:

• the employer already deducts 20% from the salary;
• the remaining 80% is transferred to the account;
• the bank then blocks or debits the remainder because of the arrest.

In relation to similar circumstances, the Grand Chamber of the Supreme Court has taken the position that arresting the remaining salary after lawful deductions have already been made, beyond the limits permitted by law, may violate the debtor’s rights.

Therefore, the enforcement officer should be provided with evidence confirming:

• the amount of salary;
• the amount already deducted;
• the transfer of the remaining amount to the specific account.

Child Support and Other Special Types of Recovery

Deduction limits may differ depending on the type of debt.

Special rules apply, in particular, to:

• child support recovery;
• compensation for damage;
• other special categories of enforcement.

Therefore, one universal percentage cannot be applied to every enforcement proceeding.

What to Do After the Arrest Is Lifted

After receiving the relevant order, it is necessary to check:

• whether the enforcement officer sent it to the bank;
• whether the bank actually implemented the order;
• whether expenditure transactions have been restored;
• whether another enforcement proceeding with a separate arrest exists;
• whether salary deductions continue correctly.

How a Lawyer Helps Remove an Arrest from a Salary Card

Legal assistance may include:

• review of enforcement proceedings;
• analysis of the arrest order;
• obtaining information about all existing arrests;
• review of the amount deducted from salary;
• preparation of evidence confirming the salary origin of the funds;
• preparation of an application to the enforcement officer;
• communication with the bank;
• designation of an account for expenditure transactions;
• challenging the enforcement officer’s refusal or inaction.

Stages of Cooperation

1. Review of the proceedings. We determine the basis and amount of recovery.
2. Review of the account. We analyze bank information and movement of funds.
3. Review of salary payments. We identify the employer and deductions already made.
4. Collection of documents. We obtain certificates and statements.
5. Application to the enforcement officer. We substantiate the need to lift the arrest.
6. Bank monitoring. We verify that the account has actually been unblocked.
7. Challenge. If the enforcement officer fails to respond or refuses without proper grounds.

Common Situations

Conclusion

An arrest on a salary card is not always unlawful simply because salary is credited to the account. However, where statutory deductions have already been made from the salary and the remaining funds are additionally blocked, or where the account contains funds that cannot legally be subject to enforcement, there may be grounds to require appropriate action from the enforcement officer. To do this, it is important to confirm the legal nature of the funds with documents from the bank and employer.

Has your salary card been arrested, or does the bank continue to block the entire remaining salary after deductions have already been made by your employer? Submit a request on the Prikhodko & Partners Law Firm website. A lawyer will review the enforcement proceedings, help collect documents confirming the salary nature of the funds, and prepare an application to lift the arrest or another appropriate legal remedy.